Lily Mottahedan

Practice Areas

Lily is a trilingual barrister with an extensive financial remedies practice.

Her practice encompasses all areas of private family law, including but not necessarily limited to financial remedies, financial remedies after an overseas divorce, financial provision for unmarried parents, jurisdiction and forum non conveniens disputes, applications for recognition of overseas divorces, cases concerning non-marriage and nullity, injunctions, domestic and international enforcement, marital agreements and private children matters (living arrangements and contact).

She is sought after in cases involving marital agreements following her success in SC v TC [2022] EWFC 67, is a go-to in cases involving major art collections given her Diploma in Art Profession Law and Ethics and in-depth knowledge of the contemporary art market, and as a former investment banker in the Mergers and Acquisitions team of Merrill Lynch in London, she brings a commercial edge to all of her financial remedy matters.

She has been co-counsel on financial remedy cases overseas, to include in the Bahamas, and accepts instructions from overseas lawyers in Europe and further afield, to advise on issues of English law.

Career

Lily was called to the Bar in 2011.

She was named Family Law Junior Barrister of the Year at the Chambers and Partners UK Bar Awards 2023 and was runner-up in the category of International Family Lawyer of the Year at the LexisNexis Family Law Awards 2023.

Publications

• Upcoming articles on Hemain Injunctions in the Financial Remedies Journal (2024) and on Forum Non Conveniens in the International Family Law Journal (2024).

• Author of chapter on Declarations of marital status in the current edition of Rayden & Jackson on Divorce and Family Matters.

• Co-author of the chapter on The recognition of overseas divorces in the current edition of Rayden & Jackson on Divorce and Family Matters.

• Co-author of Bankers’ Bonuses – how the divorce capital of the world treats the rewards reaped from the financial capital of Europe in Family Law Week (2014).

• Co-author of Asaad v Kurter: The latest round in ‘non-marriage’ cases – is the tide turning? in Family Law Week (2014).

Professional Memberships

Gray’s Inn

FLBA

Personal

Education

• Diploma in Art Profession Law and Ethics (Distinction), Institute of Art and Law

• Bar Professional Training Course, City (Outstanding)

• Graduate Diploma in Law, The College of Law (Distinction)

• BA (Hons) History, Christ Church, Oxford University (First Class)

• Charterhouse

• Lycée Français Charles de Gaulle

Scholarships and awards

• Winner, Junior Barrister of the Year, Chambers & Partners UK Bar Awards (2023)

• Highly Commended, International Family Lawyer of the Year (2023)

• Shortlisted Junior Barrister of the Year, Chambers & Partners UK Bar Awards (2019)

• Shortlisted Junior Barrister of the Year, LexisNexis Family Law Awards (2018)

• Management Today 35 women under 35 (2016) (also featured in the Times newspaper)

• Atkin Scholarship (for pupils of “exceptional merit”), Gray’s Inn (2012)

• Prince of Wales Scholarship, Gray’s Inn (2011)

• Freshminds One to Watch (the UK’s top 100 peer nominated graduates) (2008)

• College Prize, Christ Church, Oxford University (2008)

Languages Spoken

French; Persian; English

Work Highlights

Lily has appeared in cases in county courts across the country, in the High Court and in the Court of Appeal, her reported cases include:

• MN v AN [2023] EWHC 613 (Fam) (High Court), led by Deborah Bangay KC in the wife’s challenge to a prenuptial agreement on the grounds of duress and needs.

• SA v FA [2022] EWFC 115 (before HHJ Hess) where she sought a stay of divorce and financial remedy proceedings in England and Wales on forum non conveniens grounds in favour of proceedings in the Abu Dhabi Family court for Non-Muslims and was successful.

• SC v TC [2022] EWFC 67 (before HHJ Hess) where she successfully set-aside a post-nuptial agreement on the grounds of undue influence and failure to meet needs on behalf of a vulnerable client who had lost litigation capacity during the proceedings.

• AG v VG [2020] EWHC 1847 (Fam) (High Court), led by Deborah Bangay KC, defending the Wife in the Husband’s application for disclosure of her previous solicitor’s files on the grounds that she had waived legal professional privilege in her pleadings.

• Waggott v Waggott [2018] EWCA Civ 727 (Court of Appeal), led by Nigel Dyer KC in the Husband’s successful resistance to the Wife’s appeal and his cross-appeal in a landmark financial remedy case concerning spousal maintenance, capitalisation, clean breaks and section 28(1) bars.

• Quan v Bray and Others [2017] EWCA Civ 405 (Court of Appeal), led by Richard Todd KC in the Wife’s appeal of the first instance decision.

• Quan v Bray and others [2015] EWCA Civ 1253 (Court of Appeal), led by Richard Todd KC in the Wife’s successful application for permission to appeal.

• Quan v Bray and others [2014] EWCA 3340 (Fam) (High Court), led by Richard Todd KC, a four-week preliminary issue hearing concerning whether an offshore trust is post-nuptial settlement and/or a resource pursuant to the Thomas v Thomas line of cases.

• B v B [2014] EWHC 4857 (Fam) (High Court), without a leader, in a two day contested jurisdiction dispute concerning jurisdiction under Articles 3 to 7 of the EU Maintenance Regulation 2009 in which she was successful.

Industry Sector Expertise

Financial remedies

Financial remedies after an overseas divorce (Part III)

Jurisdiction (including under the EU Maintenance Regulation 2009 and the Hague Convention 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance)

Forum non conveniens

Recognition of foreign marriages and divorces

Declarations as to marital status

Non-marriage and nullity

Injunctions

Enforcement (including the enforcement of international orders)

Marital agreements (prenuptial and postnuptial agreements and European marital property regime agreements)

Financial provision for children under Schedule 1 of the Children Act 1989

Private law children matters (residence and contact)

Awards